66-329. Choice of law in computer information agreement.
A choice of law provision in a computer information agreement which provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as proposed by the National Conference of Commissioners on Uniform State Laws, or any substantially similar law, is voidable and the agreement shall be interpreted pursuant to the laws of this State if the party against whom enforcement of the choice of law provisions is sought is a resident of this State or has its principal place of business located in this State. For purposes of this section, a "computer information agreement" means an agreement that would be governed by the Uniform Computer Information Transactions Act or substantially similar law as enacted in the state specified in the choice of law provisions if that state's law were applied to the agreement. This section may not be varied by agreement of the parties. This section shall remain in force until such time as the North Carolina General Assembly enacts the Uniform Computer Information Transactions Act or any substantially similar law and that law becomes effective. (2001-295, s. 7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 66 - Commerce and Business
Article 40 - Uniform Electronic Transactions Act.
§ 66-314 - Prospective application.
§ 66-315 - Use of electronic records and electronic signatures; variation by agreement.
§ 66-316 - Construction and application.
§ 66-317 - Legal recognition of electronic records, electronic signatures, and electronic contracts.
§ 66-318 - Provision of information in writing; presentation of records.
§ 66-319 - Attribution and effect of electronic record and electronic signature.
§ 66-320 - Effect of change or error.
§ 66-321 - Notarization and acknowledgment.
§ 66-322 - Retention of electronic records; originals.
§ 66-323 - Admissibility in evidence.
§ 66-324 - Automated transaction.
§ 66-325 - Time and place of sending and receipt.
§ 66-326 - Transferable records.
§ 66-328 - Procedures consistent with federal law.